One week before 341 now this?? wth help!

[outoffunds]

well I have not heard from her as of yet so I have called my fathers friend who is a lawyer for some advice. I am waiting to hear. I would not be able to get through this time and still hold my head high without the support of everyone here. It is truly amazing to me that such help exists anywhere and I am glad I have found this forum. Thank you. I will keep everyone posted.

I think because the 341 is August 5th I am scared it will not take place. I almost am tempted to call my trustee and ask if I can take this over and do it myself..ugh!

[seekininfo]

Im actually surprised she accepted a credit card for payment. Ours was $1300 cash. Good luck!

[notforsale]

I would ask her to reimburse cc compnany and let you pay her over 6 mths since she knew better than to allow you to pay her with a cc. If not I would consider a complaint with the Better Business Bureau and the local bar as a other poster suggested. Good Luck!

[outoffunds]

Hi guys..update.

Well, She finally called back nice as could be. Saying that because this company cannot contact me they contacted her as a scare tactic. It puts her in a bad position because know she is on the side of the creditors in this case? She cannot advise us? So now I just dont know what to do. Part of me wants to just settle this borrow the money and get it over with. 2200 dollars is a lot though. I just want all of this behind me. She said if I contact them then the calls will start up again.


Do any of you think there is another option to this possibly? I would ask my lawyer but apparently she cannot advise me and I am stuck. Thank you.

[ForumReader]

Hi guys..update.

Well, She finally called back nice as could be. Saying that because this company cannot contact me they contacted her as a scare tactic. It puts her in a bad position because know she is on the side of the creditors in this case? She cannot advise us? So now I just dont know what to do. Part of me wants to just settle this borrow the money and get it over with. 2200 dollars is a lot though. I just want all of this behind me. She said if I contact them then the calls will start up again.


Do any of you think there is another option to this possibly? I would ask my lawyer but apparently she cannot advise me and I am stuck. Thank you.

It sounds to me that your lawyer is incompetent especially if she said it was okay for you to put her fees on your credit card. Like I mentioned in a post earlier, she should have advised you not to use any credit cards, wait a few more months while saving cash up and then be able to pay her fees. She cannot advise you and is on the creditors' side? Something is not right about her. I would report this to the bar association about her incompetency and how you now have to deal with this debt. Perhaps at your 341 if the creditor objects to this particular debt, explain as short as can be to the trustee how this debt came to be. If I were in your shoes, I would not borrow any money until after the 341 and then settle the debt afterwards.

[Phil]

Did the attorney actually take your credit card and run her charges on it or did you take a cash advance on it / or use those stupid checks they send you to pay her? How did you actually pay her?

Since those are very new charges, and you would have had to come up with her fees sans that card, you should work with them to do a settlement. It is alot, but you had to come up with the money to pay her regardless.

Actually, she should be doing that for you, but it doesn't sound like she is worth anything. I know it is a difficult position to be in, but if she actually took the card and processed her fees on it, and she knows you absolutely should not have been using a card so close to filing, you need to stand up to her and call her on it and demand she work on a settlement on your behalf.

[outoffunds]

Thank you Phil. I decided to get through my 341 then worry about this. It is stressing me out to no end and I cannot believe I listened to her and am still listening to her simply because I want this behind me. Not good so I am going to get it together after this and do some digging and see who I should be paying and why. Yep she ran it through and I have the receipts. Now she cant advise because it forces her to be on the side of the creditors? hmm..interesting. So I will continue to read these forums, receive the advice and learn from here. Everything is a lesson and hell this is a huge one!

[2manybills]

[QUOTE=outoffunds;436734]Thank you Phil. I decided to get through my 341 then worry about this. It is stressing me out to no end and I cannot believe I listened to her and am still listening to her simply because I want this behind me. Not good so I am going to get it together after this and do some digging and see who I should be paying and why. Yep she ran it through and I have the receipts. Now she cant advise because it forces her to be on the side of the creditors? hmm..interesting. So I will continue to read these forums, receive the advice and learn from here. Everything is a lesson and hell this is a huge one![/QUOTE


So this attorney is saying that she has a "conflict" of interest. Are you kidding me? She has been retained by you to represent you. If she does not work this out for you, then it is time to turn to your local State Bar.

When is your 341?

[outoffunds]

my 341 is tomorrow. Yes, anything to do with that cc dispute I cannot contact her since it puts her in a hard position now? Who knows. All I know is I cannot handle this until after the 341 then I will.

[2manybills]

my 341 is tomorrow. Yes, anything to do with that cc dispute I cannot contact her since it puts her in a hard position now? Who knows. All I know is I cannot handle this until after the 341 then I will.

I would be surprised if the creditor shows up at your 341. What district are you in? Just keep putting one foot in front of the other. I was so anxious about our 341 and it was so uneventful. If the creditor shows up, then I would be truthful with the trustee and explain that your attorney advised you to use your credit card to pay her fees.

[Dougie011]

my 341 is tomorrow. Yes, anything to do with that cc dispute I cannot contact her since it puts her in a hard position now? Who knows. All I know is I cannot handle this until after the 341 then I will.

Good luck and let us know how it goes.

[Phil]

If you have it, take a copy of the credit card receipt for her fees and tell them point blank (if the creditor shows up), my attorney did not advise me not to use the card and in fact, she processed her fees on it and show them the receipt...throw it right back at her.

She works FOR YOU, not them, and her attitude that she cannot assist is horrible. She doesn't want to asist you because she knows she screwed up big time. So, knowing she isn't going to help you, don't feel bad pointing out the charges are from her. Then report her to the state bar. She has done you a serious disservice.

Good luck! Hang in there.

[wonderingrov]

It sounds like she really screwed up bigtime -in 2 ways:

1) Accepting your credit card for the fees to file bankruptcy. Every attorney I talked to said that usage of credit cards after you were serious enough to talk to an attorney about bankruptcy could be grounds for bankruptcy fraud. If she advised you to do this (and it sounds like you have the documentation to prove she did), that is a major ethical problem from what I can see.

2) Not advising you because she's 'forced to be on the creditor's side'? Why did she take your case and agree to represent you if she was going to be 'on the creditor's side'? She had to have known this could create a potential conflict of interest when she ran the credit card. The attorney I ended up hiring actually has 3 pages of forms in her questionnaire asking about lawsuits you may have been in, court cases (civil or criminal) you may have been involved with, and questions like that to make sure there is no conflict of interest with her representing you. This form has to be filled out before she will even accept any money.

I would definitely consider reporting this to the Bar once the bankruptcy is over with. It sounds like this attorney is a real piece of work.

[hatiebo]

Was your credit union card that you kept at a -0- balance? Thanks!

[Protected]

From what I have read, the law does not permit clients to pay for their bankruptcy on a credit card. What a mess.